Prop 8 Proponents Appeal Ruling Over Judge's Sexuality

As they announced they would do in mid-June, Prop 8 proponents have filed papers appealing Judge James Ware's decision to reject the frivolous attempt to throw out the Prop 8 ruling over Judge Vaughn Walker's sexuality.

Prop 8 proponents filed a motion April to vacate the ruling overturning California's ban on same-sex marriage, saying that the judge's recent statements that he is gay mean he should have recused himself from the case, and give them grounds to appeal. It was rejected on June 14.

Attorneys for Prop. 8 filed their appeal this afternoon before the 9th U.S. Circuit Court of Appeals, the same court that is hearing an appeal of Judge Vaughn Walker’s ruling last August that the law unconstitutionally violated the civil rights of gays and lesbians.

Attorneys for ProtectMarriage.com, the anti-gay marriage group defending California's ban, said in court papers filed late last week that they would appeal Ware's decision.

They did not respond to a request for comment on Monday.

Matthew McGill, an attorney for two same-sex couples challenging the ban, said ProtectMarriage.com had been clear that they would continue a "smear campaign" against Walker.

"The only thing surprising about this development is doing so in the face of such a well-reasoned opinion," McGill said.

Said Theodore J. Boutrous Jr., counsel for the American Foundation for Equal Rights (AFER), the sole sponsor of Perry v. Schwarzenegger: "It is disappointing that the Proponents of Proposition 8 continue their unfounded attack on former Chief Judge Walker, and this is just the latest sign of their desperation. Chief Judge Ware correctly recognized that a gay or lesbian judge is entitled to the same presumption of fairness and impartiality as all other federal judges, not the presumption of bias urged by Proponents. We are confident that the denial of Proponents' unfortunate motion will be affirmed."

Desperate times call for desperate measure, and the New York ruling has only, certainly, made times more desperate for those on the wrong side of history.

Since these phobic bozos allege that equal marriage affects everyone and would magically ruin straight marriages, everyone should by this standard be disqualified.

But you can't reason with blind hatred.

Posted by: ellipse | Jun 28, 2011 8:11:29 AM

At what point in the legal process does the attorney filing these type of frivolous suits / appeals get punished for wasting the court's time?

Posted by: Tim NC | Jun 28, 2011 8:14:41 AM

TIM NC: What you said. No kidding.

Posted by: JimmyD | Jun 28, 2011 8:30:45 AM

It's just a delaying tactic, 'cause that's really all they have in California.

But they can still delay everything for years. Who knows when a three-judge panel of the Ninth Circuit will tell them "No," after which they will request an en banc hearing before the entire Ninth Circuit. And after they're told "No" there, it's on to Washington and the U.S. Supreme Court. They'll [probably] be turned back there as well -- but in the mean time years will have passed before the Ninth Circuit actually takes on the appeal of Walker's 2010 decision against Prop. 8.

Posted by: K in VA | Jun 28, 2011 8:46:43 AM

@K in VA... I would think that these are two different actions and that the court could take up the Prop 8 decision at the timer they are ready to whether this sill issue over Judge Walker is done or not.

I thought the court dealing with Prop 8 was just waiting now for an answer back from the CA Supreme court on the issue of standing before proceeding. I don't believe they have to wait for the issue of whether Walker should have recused himself to be resolved in order to continue.

Posted by: Tim NC | Jun 28, 2011 9:04:52 AM

When can we throw their heretic asses in jail?

Posted by: Attmay | Jun 28, 2011 9:53:36 AM

Delay delay delay delay delay delay.
They didn't know how to defend their own cause in court when they had the chance, but they sure know their way around filing appeals, don't they?

Or is the joke on us? Eleven months after we won in court, we still have no additional marriages in California, nor any expected soon.

Posted by: Gianpiero | Jun 28, 2011 10:11:34 AM

If Walker was straight he would be pegged an "activist" judge and thus be reviled. The only ruling these people will accept is one they agree with.

Posted by: kodiak | Jun 28, 2011 10:29:45 AM

Honestly, I believe the Supreme Court of CA will recommend a finding of no standing based on California law. The court will uphold Walker's ruling as to California and will not go further than that. Gay marriage will resume in California and the will NOT be able to appeal to the Supreme Court because the ruling was based on a valid state law as determined by the State's highest court. End of story. I think that will be best. The 9th Circuit is the most overruled court and if they go any further than that, unless Kennedy is squarely on our side, they will be reversed.

Posted by: Jonathan | Jun 28, 2011 10:42:31 AM

Complete waste of time and money. Their clients must be billionaires to afford this.

Posted by: anon | Jun 28, 2011 11:43:01 AM

This is ridiculous...I believe in the power of pen and paper, but have no idea to whom I should address my letters.
Any suggestions?

Posted by: Chris | Jun 28, 2011 4:17:12 PM

The fact that it is taking this long for a judge to declare gay marriage as legal is a little sad. This is legal presidant set already:

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."

Anyone who doesn't know what legal document that is from should be deported.